White collar crimes tend to have hefty fines and lengthy prison sentences which can have severe repercussions in both the professional and personal lives of the convict. These crimes are usually non-violent and mostly involve financial violations. Even so, the law does not take them lightly.
If you have been charged with a white-collar crime, it is advisable to immediately seek a seasoned Decatur white collar crime lawyer who can protect your rights. The Decatur criminal defense attorneys at SHElaw firm® are in this field and will work aggressively to ensure the desired results. Call our offices today at 470-378-1162 to schedule a free initial consultation.
What Are White Collar Crimes?
In Georgia, a white-collar crime is defined as a crime conducted for illegal financial gain. These crimes are usually done by employees, business owners, the government, and other parties who control or have direct access to financial accounts.
People involved in tax fraud, money laundering, and embezzlement are charged with white-collar crimes. Arrests for these crimes entail thorough investigations to garner the necessary evidence before making an arrest.
Here are the common types of offenses that our Decatur white collar crime lawyers see clients being charged with:
Also referred to as theft by conversion, embezzlement involves a party converting another party’s assets to themselves, usually by violating their fiduciary duties to an individual or organization. An example includes a worker responsible for depositing money in the bank account taking some of the amounts for themselves.
The penalties for this crime vary depending on the value of the assets involved. The courts in Georgia may handle this kind of crime as a misdemeanor or felony, with the latter having harsher punishments.
Securities fraud can also be referred to as insider trading. The state law prohibits parties from taking an unfair advantage to make money on investments and selling securities.
An example is when a company owner trades their own stocks based on details they know regarding substantial events inside the organization. This form of white-collar crime is not only illegal in Georgia, but there exist federal laws that prohibit it.
According to O.C.G.A. Section 7-1-912, money laundering is a crime whereby a party gets money through illegal actions and works to hide the origin of the funds through financial transactions. This is considered a serious offense, and depending on the parties involved, the participants may be awarded decades in prison.
As the name implies, this is the act of avoiding paying taxes. It applies both where an individual or entity engages in illegal underpayment or nonpayment of taxes.
Also known as identity theft, identity fraud involves an individual using another individual’s identity, information, and personal documents without their knowledge. An example can be when an individual uses another person’s information to secure a loan. Identity fraud is punishable by law, with the level of conviction depending on the degree of the crime.
What Are Some of the Common Factors in White Collar Crimes?
A white-collar crime is a severe crime that is not taken lightly in the state of Georgia. A thorough investigation has to be done and the following elements are required to prove the crime:
- Intent – Here, the defendant knowingly, by intending to devise, devised, or participated in a plan or scheme to defraud or obtain property through fraudulent or false pretenses, promises, or representations.
- Capability – The statements presented or omitted as part of the plan were material, i.e were capable or had a natural tendency to influence an individual to party with property or money.
- Fraud – The defendant participated in fraudulent actions to make the crime.
What Are the Penalties for White Collar Crimes in Georgia?
There’s a wide array of white-collar crimes that can result in harsh penalties and sentences. That’s why it is imperative to understand the various types and have an experienced legal representative by your side to ensure the best results possible:
- Money Laundering – hiding illegally obtained money, through illegal actions such as drug sales can have severe consequences and be handled federally if a bank was involved. Charges for money laundering carry a sentence of up to 2 decades in prison.
- Tax Evasion – Filling out a tax form incorrectly, failing to pay taxes in time, or avoiding them altogether is a crime. Depending on the case, tax evasion can be considered a misdemeanor, with a sentence of up to 12 months in jail.
- Identity Theft – Deliberately using another person’s identity to indulge in fraudulent activities or theft is a felony. This crime is punishable by a fine of up to $100,000, 1 to 10 years in prison, or both.
- Fraud – Fraud usually entails imitating another party in order to steal their funds and may help with identity theft. Fraud is considered a felony, punishable by up to $100,000 as a fine and between 1 to 10 years in jail.
- Embezzlement – Taking money for personal gain while it’s entrusted to you to handle by another usually has a charge of up to 15 years in jail, between $1000 and $100,000 in fines or both depending on the severity.
Why Should I Hire a Decatur White Collar Crime Lawyer?
White collar crimes are severe with the high-profile ones covered in media resulting in decades in prison and hundreds to millions of dollars in restitution. At SHElaw firm®, we will carefully and thoroughly go through the underlying facts so that we can create a solid defense strategy meant to secure a dismissal of charges or less severe charges.
These crimes are usually complicated and may necessitate testimonies from experts in the financial field. It may call for an extensive paper trail and electronic data, which our team will need to wade through in order to ensure effective defense.
Call SHElaw firm® to Hire a Top White Collar Crime Attorney in Decatur!
If you have been charged with a white-collar crime, don’t hesitate to reach out to us and get the representation you deserve. At SHElaw firm®, we have years of experience defending clients accused of white collar crimes, and we are ready to protect your rights. Call us today at 470-378-1162 to schedule a free case review and consultation.